IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1176 of 2004()
1. SURESH, S/O. SUBHADRAMMA,
... Petitioner
Vs
1. M.P.VIJAYAKUMAR, S/O. PRABHAKARAN,
... Respondent
2. UNITED INDIA INSURANCE CO.LTD.,
For Petitioner :SRI.P.V.CHANDRA MOHAN
For Respondent :SRI.JOHN JOSEPH VETTIKAD
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :23/07/2010
O R D E R
A.K. BASHEER & P.Q. BARKATH ALI, JJ.
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M.A.C.A. 1176 of 2004
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Dated: JULY 23, 2010
JUDGMENT
Barkath Ali, J.
This appeal under Sec.173 of the Motor Vehicles Act by the
claimant is directed against the judgment and award of he Motor
Accidents Claims Tribunal, Thrissur in OP(MV) 1214/2000 dated
September 27, 2003 awarding a compensation of Rs.29,898/- for the
loss caused to the claimant on account of the injuries sustained by him
in a motor accident.
2. On November 9, 1999 at about 9.30 p.m. while the claimant
was travelling in an autorickshaw bearing Regn. No.KL-8/M 7297
driven by the 1st respondent along Amalanagar – Parappur public road,
and reached at Chittilappilly, the autorickshaw capsized and the
claimant sustained serious injuries. Claiming a compensation of
Rs.1,55,000/- he filed the OP before the Tribunal under Sec.166 of the
Motor Vehicles Act alleging negligence against the 1st respondent,
driver of the offending autorickshaw.
3. Respondent No.1 was the owner-cum-driver of the offending
autorickshaw and the 2nd respondent was the insurer of the same.
Only the 2nd respondent/insurer contested the matter, but admitted
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the policy.
4. The claimant was examined as PW.1 and Exts.A1 to A17
were marked on the side of the claimant before the Tribunal. On an
appreciation of evidence the Tribunal awarded a compensation of
Rs29,898/- with interest @ 6% per annum from the date of petition till
realisation and a cost of Rs.300/-. The claimant has now come up
in appeal challenging the quantum of compensation awarded by the
Tribunal.
5. Heard the counsel for the appellant/claimant and the
counsel for the Insurance Company.
6. The claimant sustained the following injuries as revealed from
Ext.A12, copy of the wound certificate, and Ext.A13 discharge
summary, issued from the hospital:
1. lacerated wound above right eye-brow transverse 7 cm x 1 cm
bone deep.
2. lacerated wound just below right lower eye-lid 3 x 1 cm with skin
loss and exposing the bone.
3. abrasion right forehead.
4. abrasion dorsum of hand right side 5 x 5 cm.
5. abrasion over upper lip 3 x 2 cm.
6. injury over tragus of left ear 2 cm long with exposure of cartilage.
7. The claimant was an Upper Division Clerk in Judicial I Class
Magistrate Court – II, Thrissur, earning a salary of Rs.4290/- with DA
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Rs.1373/- and HRA Rs.180/- as revealed from Ext.A17 salary
certificate. Taking into consideration all these aspects, the Tribunal
awarded a total compensation of Rs.29,898/-. The break up of the
compensation is as under:
loss of leave - Rs.3398/- transportation - 350/- extra nourishment - 350/- damages to clothing - 300/- expenses for treatment and bystanders - 8000/- pain and suffering - 7500/-
disability, loss of amenities and disfigurement – 10000/-
Counsel for the claimant sought enhancement of the compensation on
all heads.
8. No compensation was awarded by the Tribunal for the loss of
amenities and enjoyment of life. Taking into consideration the fact
that the claimant has sustained loss of hearing of his left ear and a
facial scar just below the right eye as revealed from Ext.A14 series and
Ext.A15 series, audiogram readings and the certificate issued by the
doctor, we feel that a compensation of Rs.10,000/- would be
reasonable for the loss of amenities and enjoyment of life. As there is
a serious scar on the face, for the disfigurement caused, another
compensation of Rs.10,000/- would be, in our view, reasonable. As
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regards the compensation awarded under other heads, we find the
same to be reasonable and therefore we are not disturbing the same.
9. Thus the claimant is entitled to an additional compensation of
Rs.20,000/-. The Tribunal awarded interest only @ 6% per annum
which is very low. He is entitled to interest @ 7.5% per annum for
the compensation already awarded and for the enhanced
compensation from the date of petition till realisation and
proportionate cost. The 2nd respondent being the insurer of the
offending vehicle shall deposit the amount before the Tribunal within
two months from the date of receipt of a copy of this judgment. The
award of the Tribunal is modified to the above extent.
The appeal is disposed of as found above.
A.K. BASHEER, JUDGE
P.Q. BARKATH ALI, JUDGE
mt/-